Full Text of HB4444 102nd General Assembly
HB4444 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4444 Introduced 1/21/2022, by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: |
| |
Amends the Change of Name Article of the Code of Civil Procedure. Provides that the requirement to publish a notice in the newspaper of a change of name for 3 consecutive weeks after filing is not required for any person who applies for a change of name to change the person's name to conform with the person's gender identity.
|
| |
| | A BILL FOR |
|
| | | HB4444 | | LRB102 23426 LNS 32595 b |
|
| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Civil Procedure is amended by | 5 | | changing Section 21-103 as follows:
| 6 | | (735 ILCS 5/21-103)
| 7 | | (Text of Section before amendment by P.A. 101-652 ) | 8 | | Sec. 21-103. Notice by publication.
| 9 | | (a) Previous notice shall be given of the intended | 10 | | application by
publishing a notice thereof in some newspaper | 11 | | published in the municipality
in which the person resides if | 12 | | the municipality is in a county with a
population under | 13 | | 2,000,000, or if the person does not reside
in a municipality | 14 | | in a county with a population under 2,000,000,
or if no | 15 | | newspaper is published in the municipality or if the person | 16 | | resides
in a county with a population of 2,000,000 or more, | 17 | | then in some newspaper
published in the county where the | 18 | | person resides, or if no newspaper
is published in that | 19 | | county, then in some convenient newspaper published
in this | 20 | | State. The notice shall be inserted for 3 consecutive weeks | 21 | | after filing, the
first insertion to be at least 6 weeks before | 22 | | the return day upon which
the petition is to be heard, and | 23 | | shall be signed by the petitioner or, in
case of a minor, the |
| | | HB4444 | - 2 - | LRB102 23426 LNS 32595 b |
|
| 1 | | minor's parent or guardian, and shall set
forth the return day | 2 | | of court on which the petition is to be heard and the
name | 3 | | sought to be assumed.
| 4 | | (b) The publication requirement of subsection (a) shall | 5 | | not be
required in any application for a change of name | 6 | | involving a minor if,
before making judgment under this | 7 | | Article, reasonable notice and opportunity
to be heard is | 8 | | given to any parent whose parental rights have not been
| 9 | | previously terminated and to any person who has physical | 10 | | custody of the
child. If any of these persons are outside this | 11 | | State, notice and
opportunity to be heard shall be given under | 12 | | Section 21-104.
| 13 | | (b-3) The publication requirement of subsection (a) shall | 14 | | not be required in any application for a change of name | 15 | | involving a person who has received a judgment for dissolution | 16 | | of marriage or declaration of invalidity of marriage and | 17 | | wishes to change his or her name to resume the use of his or | 18 | | her former or maiden name. | 19 | | (b-4) The publication requirement of subsection (a) shall | 20 | | not be required in any application for a change of name | 21 | | involving a person who wishes to change the person's name to | 22 | | conform with the person's gender identity. | 23 | | (b-5) Upon motion, the court may issue an order directing | 24 | | that the notice and publication requirement be waived for a | 25 | | change of name involving a person who files with the court a | 26 | | written declaration that the person believes that publishing |
| | | HB4444 | - 3 - | LRB102 23426 LNS 32595 b |
|
| 1 | | notice of the name change would put the person at risk of | 2 | | physical harm or discrimination. The person must provide | 3 | | evidence to support the claim that publishing notice of the | 4 | | name change would put the person at risk of physical harm or | 5 | | discrimination. | 6 | | (c) The Director of the Illinois State Police or his or her | 7 | | designee may apply to the
circuit court
for an order directing | 8 | | that the notice and publication requirements of
this Section | 9 | | be waived if the Director or his or her designee certifies that
| 10 | | the name change being sought is intended to protect a witness | 11 | | during and
following a criminal investigation or proceeding.
| 12 | | (c-1) The court may enter a written order waiving the | 13 | | publication requirement of subsection (a) if: | 14 | | (i) the petitioner is 18 years of age or older; and | 15 | | (ii) concurrent with the petition, the petitioner | 16 | | files with the court a statement, verified under oath as | 17 | | provided under Section 1-109 of this Code, attesting that | 18 | | the petitioner is or has been a person protected under the | 19 | | Illinois Domestic Violence Act of 1986, the Stalking No | 20 | | Contact Order Act, the Civil No Contact Order Act, Article | 21 | | 112A of the Code of Criminal Procedure of 1963, a | 22 | | condition of bail under subsections (b) through (d) of | 23 | | Section 110-10 of the Code of Criminal Procedure of 1963, | 24 | | or a similar provision of a law in another state or | 25 | | jurisdiction. | 26 | | The petitioner may attach to the statement any supporting |
| | | HB4444 | - 4 - | LRB102 23426 LNS 32595 b |
|
| 1 | | documents, including relevant court orders. | 2 | | (c-2) If the petitioner files a statement attesting that | 3 | | disclosure of the petitioner's address would put the | 4 | | petitioner or any member of the petitioner's family or | 5 | | household at risk or reveal the confidential address of a | 6 | | shelter for domestic violence victims, that address may be | 7 | | omitted from all documents filed with the court, and the | 8 | | petitioner may designate an alternative address for service. | 9 | | (c-3) Court administrators may allow domestic abuse | 10 | | advocates, rape crisis advocates, and victim advocates to | 11 | | assist petitioners in the preparation of name changes under | 12 | | subsection (c-1). | 13 | | (c-4) If the publication requirements of subsection (a) | 14 | | have been waived, the circuit court shall enter an order | 15 | | impounding the case. | 16 | | (d) The maximum rate charged for publication of a notice | 17 | | under this Section may not exceed the lowest classified rate | 18 | | paid by commercial users for comparable space in the newspaper | 19 | | in which the notice appears and shall include all cash | 20 | | discounts, multiple insertion discounts, and similar benefits | 21 | | extended to the newspaper's regular customers. | 22 | | (Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20; | 23 | | 102-538, eff. 8-20-21.) | 24 | | (Text of Section after amendment by P.A. 101-652 )
| 25 | | Sec. 21-103. Notice by publication.
|
| | | HB4444 | - 5 - | LRB102 23426 LNS 32595 b |
|
| 1 | | (a) Previous notice shall be given of the intended | 2 | | application by
publishing a notice thereof in some newspaper | 3 | | published in the municipality
in which the person resides if | 4 | | the municipality is in a county with a
population under | 5 | | 2,000,000, or if the person does not reside
in a municipality | 6 | | in a county with a population under 2,000,000,
or if no | 7 | | newspaper is published in the municipality or if the person | 8 | | resides
in a county with a population of 2,000,000 or more, | 9 | | then in some newspaper
published in the county where the | 10 | | person resides, or if no newspaper
is published in that | 11 | | county, then in some convenient newspaper published
in this | 12 | | State. The notice shall be inserted for 3 consecutive weeks | 13 | | after filing, the
first insertion to be at least 6 weeks before | 14 | | the return day upon which
the petition is to be heard, and | 15 | | shall be signed by the petitioner or, in
case of a minor, the | 16 | | minor's parent or guardian, and shall set
forth the return day | 17 | | of court on which the petition is to be heard and the
name | 18 | | sought to be assumed.
| 19 | | (b) The publication requirement of subsection (a) shall | 20 | | not be
required in any application for a change of name | 21 | | involving a minor if,
before making judgment under this | 22 | | Article, reasonable notice and opportunity
to be heard is | 23 | | given to any parent whose parental rights have not been
| 24 | | previously terminated and to any person who has physical | 25 | | custody of the
child. If any of these persons are outside this | 26 | | State, notice and
opportunity to be heard shall be given under |
| | | HB4444 | - 6 - | LRB102 23426 LNS 32595 b |
|
| 1 | | Section 21-104.
| 2 | | (b-3) The publication requirement of subsection (a) shall | 3 | | not be required in any application for a change of name | 4 | | involving a person who has received a judgment for dissolution | 5 | | of marriage or declaration of invalidity of marriage and | 6 | | wishes to change his or her name to resume the use of his or | 7 | | her former or maiden name. | 8 | | (b-4) The publication requirement of subsection (a) shall | 9 | | not be required in any application for a change of name | 10 | | involving a person who wishes to change the person's name to | 11 | | conform with the person's gender identity. | 12 | | (b-5) Upon motion, the court may issue an order directing | 13 | | that the notice and publication requirement be waived for a | 14 | | change of name involving a person who files with the court a | 15 | | written declaration that the person believes that publishing | 16 | | notice of the name change would put the person at risk of | 17 | | physical harm or discrimination. The person must provide | 18 | | evidence to support the claim that publishing notice of the | 19 | | name change would put the person at risk of physical harm or | 20 | | discrimination. | 21 | | (c) The Director of the Illinois State Police or his or her | 22 | | designee may apply to the
circuit court
for an order directing | 23 | | that the notice and publication requirements of
this Section | 24 | | be waived if the Director or his or her designee certifies that
| 25 | | the name change being sought is intended to protect a witness | 26 | | during and
following a criminal investigation or proceeding.
|
| | | HB4444 | - 7 - | LRB102 23426 LNS 32595 b |
|
| 1 | | (c-1) The court may enter a written order waiving the | 2 | | publication requirement of subsection (a) if: | 3 | | (i) the petitioner is 18 years of age or older; and | 4 | | (ii) concurrent with the petition, the petitioner | 5 | | files with the court a statement, verified under oath as | 6 | | provided under Section 1-109 of this Code, attesting that | 7 | | the petitioner is or has been a person protected under the | 8 | | Illinois Domestic Violence Act of 1986, the Stalking No | 9 | | Contact Order Act, the Civil No Contact Order Act, Article | 10 | | 112A of the Code of Criminal Procedure of 1963, a | 11 | | condition of pretrial release under subsections (b) | 12 | | through (d) of Section 110-10 of the Code of Criminal | 13 | | Procedure of 1963, or a similar provision of a law in | 14 | | another state or jurisdiction. | 15 | | The petitioner may attach to the statement any supporting | 16 | | documents, including relevant court orders. | 17 | | (c-2) If the petitioner files a statement attesting that | 18 | | disclosure of the petitioner's address would put the | 19 | | petitioner or any member of the petitioner's family or | 20 | | household at risk or reveal the confidential address of a | 21 | | shelter for domestic violence victims, that address may be | 22 | | omitted from all documents filed with the court, and the | 23 | | petitioner may designate an alternative address for service. | 24 | | (c-3) Court administrators may allow domestic abuse | 25 | | advocates, rape crisis advocates, and victim advocates to | 26 | | assist petitioners in the preparation of name changes under |
| | | HB4444 | - 8 - | LRB102 23426 LNS 32595 b |
|
| 1 | | subsection (c-1). | 2 | | (c-4) If the publication requirements of subsection (a) | 3 | | have been waived, the circuit court shall enter an order | 4 | | impounding the case. | 5 | | (d) The maximum rate charged for publication of a notice | 6 | | under this Section may not exceed the lowest classified rate | 7 | | paid by commercial users for comparable space in the newspaper | 8 | | in which the notice appears and shall include all cash | 9 | | discounts, multiple insertion discounts, and similar benefits | 10 | | extended to the newspaper's regular customers. | 11 | | (Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20; | 12 | | 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; revised | 13 | | 10-12-21.)
| 14 | | Section 95. No acceleration or delay. Where this Act makes | 15 | | changes in a statute that is represented in this Act by text | 16 | | that is not yet or no longer in effect (for example, a Section | 17 | | represented by multiple versions), the use of that text does | 18 | | not accelerate or delay the taking effect of (i) the changes | 19 | | made by this Act or (ii) provisions derived from any other | 20 | | Public Act.
|
|